Defendants yesterday filed responses in Newdow v. Roberts, (D DC), the pending federal district court challenge to two aspects of the upcoming Presidential Inauguration ceremony-- the planned prayers and the use of "so help me God" in the oath. (See prior posting.) One of the filings (full text) in opposition to the requested preliminary injunction was made on behalf of the federal officials who are defendants, while the second (full text) is on behalf of the Presidential Inauguration Committee (PIC). Both responses argue that plaintiffs lack standing. The federal defendants also set out extensive arguments on the merits while PIC and its executive director argue that PIC is not a governmental entity and so is not subject to constraints of the First Amendment or RFRA. In addition, CNN reported yesterday that an affidavit filed in the case confirms that Barack Obama has requested that the phrase "so help me God" be added to the constitutionally prescribed oath to be administered by the Chief Justice. [Thanks to Scott Mange for the lead.]
UPDATE: The Jan. 13 Legal Times recounts the experience of process server Daniel Portnoy in serving Chief Justice Roberts a summons in the case. The service at Roberts home went smoothly. Portnoy says the Chief Justice was "definitely a gentleman."
UPDATE2: Here is the amicus brief in the case filed on Jan. 14 by the American Center for Law and Justice in support of permitting inaugural prayer.
